Wednesday, October 16, 2013

Supreme Court to hear challenge to ATF’s authority to write new gun laws without Congress

The Bureau of Alcohol, Tobacco, Firearms, and Explosives is charging law abiding individuals with crimes are not covered in any US law. Today, the Supreme Court agreed to take up a case challenging ATF’s authority to change the law unilaterally without Congress.

9 comments:

Anonymous said...

You seem to be under the delusion that the "law" still has meaning. Law is whatever the "leader" says it is. You and I are property of the state , living in a military police state. The ONLY "rule of law" comes from a gun and the ones who are willing to use them to "enforce" it.

Anonymous said...

The ATF is gonna get spanked here-as it should- and that will have rippling ramifications from the EPA to HHS and DHS. The clear issue is separation of powers and while an executive is indeed empowered to form their cabinet as they see fit and is absolutely empowered to makes rules regarding HOW to enforce legislated laws, the executive is NOT empowered to legislate itself.

If the SCOTUS does not spank ATF then we know without a doubt that 1) the UN arms treaty needs no Senate ratification and 2 ) any pretense that the Republic exists can be dropped entirely.

While teetering on a precipice, to be sure, there is still a possibility that SCOTUS will do the right thing regarding this case (and several others). The justices HAVE to know that if the ATF is given a free pass here it's all over.

Interestingly, snapping the "rule" making jibberish has the potential to see the ATF disbanded. With the FDA already taking over cigarettes, I see the possibility of that happening. Guns stuff handed to FBI and booze going to FDA as well.

This case outcome will be more important than almost any other in our lifetimes. It ain't really about ATF! It's about the scope of executive power and the core of our Constitution.

Anonymous said...

I fully expect the USSC to uphold the idea that the ATF can, in fact, write new gun laws without Congress. They'll find some twisted, tortured explanation, just like they did with upholding Obamacare.

Anonymous said...

Well then, who will get "explosives" if they get disbanded?

Roger J said...

To Anonymousat 8:08: Be careful what you wish for. Considering the FBI's history in the last 25 years, putting GCA '68 enforcement in its hands doesn't seem such a good idea to me.

FedUp said...

Roger: Incompetent, violent, and crooked (ATF) is always better than competent, violent and crooked (FBI).

Although maybe I have the competence reversed. ATF seems to be more successful in convicting innocent victims who refuse to plea guilty than the FBI lately.
http://www.nytimes.com/2012/03/28/us/hutaree-militia-members-acquitted-of-sedition.html

Anonymous said...

if you are not united in your defense ..then you will fall by yourself....My Constitution is about 20 pages long and there is no mention of any alphabet organizations , that have any standing within it....Congress has shown itself to be a lawbreaker and with today's senate bill..this Congress has placed itself outside of the Constitution..as in ALL spending bills will ORIGINATE in the House...therefore all any bill that congress has passed is IMHO...Un constitutional....Semper Fi

Anonymous said...

Laws only matter if people - especially those who are at the top of the heap - are willing to remain within the boundaries of those laws. In recent months/years we have watched the executive branch - including the Chief Executive - displaying a degree of disdain for what is allegedly the Supreme Law of the Republic.

Saturday could easily end up being the 21st. Century version of the Boston Massacre. I've been saying it for years. The 19th could very easily be another April 19th 1775 when was fired "the Shot Heard Around the World". Let us pray that it does not.

Anonymous said...

How about the rewrite of NFA regs to require CLEO sign off for trusts? You can forget buying anything if you live under the the thumb of an unfriendly CLEO. Please cover this.